November 8

Cartways and Eminent Domain in North Carolina

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N.C. Gen. Stat. § 136-69. Cartways, etc.     

In certain circumstances, North Carolina law provides for relief for landlocked property owners.  N.C. Gen. Stat. § 136-69 provides a private right of action for property owners to essentially condemn a cartway, or easement of necessity, across another private property owner’s land.  The General Statute sets out conditions, including the type of use to which the property is being put.

Special Local Act for Cartways in Certain Counties

In addition to the General Statute, which, of course, applies generally to all of North Carolina, the General Assembly has also passed a Local Act that expands the application of N.C. Gen. Stat. § 136-69 under certain circumstances for land located in certain counties. Depending on the facts and how this law is applied, this Local Act may affect valuation in an eminent domain case.

To read the statute as well as the particulars of the Local Act, you should click here.


Tags

cartpath, cartway, cartway rights, condemnation, eminent domain, Gaston County, Jackson County, landlocked property, Local Act cartways, private right of action condemnation, Special Rule cartways, threat of condemnation, valuation in eminent domain, valuation in land condemnation, Wake County, Warren County


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